San Francisco Chronicle

New push to collect tax from vacation rentals San Francisco is going to court to force HomeAway to provide informatio­n on its hundreds of local short-term rentals. The goal is to ensure that landlords are ponying up the city’s 14 percent hotel tax whenev

- By Carolyn Said

the taxes owed to the city,” Herrera said. “Unfortunat­ely (HomeAway) has taken a very obstinate view and said he doesn’t have the power.”

Travel giant Expedia purchased HomeAway in November for $3.9 billion, creating the world’s largest booking site with more than 1.5 million hotel room and vacation rentals. HomeAway’s main rival for the business of turning homes into hotels is San Francisco’s Airbnb. Although it’s a newer company with roughly the same number of listings as HomeAway, Airbnb’s rapid growth has pushed its valuation on the private market to $25.5 billion.

Airbnb, which handles all transactio­ns between its hosts and guests, has collected hotel tax from its San Francisco guests since October 2014. It also paid an undisclose­d amount of back taxes. It says its guests pay the city about $1 million a month. It now remits hotel taxes in 190 jurisdicti­ons worldwide, and often points to this during its battles with regulators as an example of its efforts to be a good corporate citizen — although a tin-eared busstop ad campaign in October highlighti­ng its San Francisco taxes backfired.

Last year, Cisneros’ office designated Airbnb a “qualified website company,” streamlini­ng its hosts’ obligation­s because Airbnb provides detailed informatio­n on each host’s rental history along with the tax remittance­s. By law, the tax collector keeps that informatio­n confidenti­al.

Besides the hotel tax, San Francisco imposes two other requiremen­ts on vacation-rental hosts, both of which are widely ignored. All hosts are supposed to apply for a business registrati­on certificat­ion from the treasurer. They are also supposed to apply to the Office of Short-Term Rental Administra­tion and Enforcemen­t for a registrati­on number. Out of many thousands of hosts, by March only about 1,500 hosts had the certificat­e, while only 1,647 had registered, the city said.

HomeAway and its VRBO subsidiary each have about 1,770 listings in San Francisco, according to a city report. The same listings appear on both sites. Airbnb says its has 9,448 listings from 7,046 hosts. FlipKey, which is owned by TripAdviso­r, has 896 listings.

TripAdviso­r said FlipKey meets San Francisco’s tax requiremen­ts. “From the date that the current San Francisco short-term rental regulation­s came into effect (Feb. 2015), we have collected and remitted taxes on behalf of San Francisco owners who advertise on our platform,” said Laurel Greatrix, a spokeswoma­n for TripAdviso­r, in an email. However, the treasurer’s office noted that only one company, Airbnb, has received the qualified website designatio­n showing that it is in complete compliance.

HomeAway has had a contentiou­s relationsh­ip with San Francisco. It sued the city in 2014 over the short-term rental ordinance, saying the law was crafted to fit the way Airbnb did business and thus discrimina­ted against HomeAway. The lawsuit challenged the hotel-tax collection requiremen­t on the grounds that HomeAway was just a classified listing service, rather than a middleman like Airbnb, and didn’t know how often properties were rented out. That case was dismissed on procedural grounds.

HomeAway has since shifted its business to assist its hosts with payment processing, so it does now have insight into rentals for more than half of its properties.

Carl Shepherd, cofounder and former chief developmen­t officer, who is no longer with HomeAway, told The Chronicle last year that “the vast majority” of HomeAway’s listings break San Francisco law because they are not residents’ primary homes, as mandated under the short-term rental ordinance. But that wasn’t a problem, he said, because the law itself abets scofflaws.

“The new law tells you exactly how to skirt it,” he said. “All you have to do is say you live there 270 days a year. You do have to lie and you do have to obfuscate. But the city is at a distinct disadvanta­ge because they can’t catch this.”

 ?? Photos by Michael Noble Jr. / The Chronicle ?? San Francisco Treasurer Jose Cisneros and Tax Collector David Augustine want HomeAway to turn over informatio­n on its hosts.
Photos by Michael Noble Jr. / The Chronicle San Francisco Treasurer Jose Cisneros and Tax Collector David Augustine want HomeAway to turn over informatio­n on its hosts.
 ??  ?? The city officials issued a subpoena in October and again in April that HomeAway has ignored, so the case is being pressed in court.
The city officials issued a subpoena in October and again in April that HomeAway has ignored, so the case is being pressed in court.

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